THOMAS ALT V HASTINGS MUTUAL INSUR CO
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STATE OF MICHIGAN
COURT OF APPEALS
THOMAS ALT,
UNPUBLISHED
March 7, 2000
Plaintiff-Appellant,
v
HASTINGS MUTUAL INSURANCE COMPANY,
No. 216934
Kent Circuit Court
LC No. 97-008752-NF
Defendant-Appellee.
Before: Zahra, P.J., and White and Hoekstra, JJ.
WHITE, J. (concurring).
I do not agree that there was a failure of proof regarding whether plaintiff’s left foot hit the piece
of wood while he was alighting from the vehicle. While plaintiff’s statements and deposition testimony
were somewhat confusing and open to interpretation, plaintiff was fairly consistent in his position that his
left foot hit the wood when he was placing it on the ground for the first time. Nevertheless, I concur in
the affirmance on the basis that under the facts presented here, the injury’s causal relationship to the
parked motor vehicle was only incidental and fortuitous. Putkamer v Transamerica Ins, 454 Mich
626,635-636; 563 NW2d 683 (1997).
/s/ Helene N. White
-1
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